The High Court dismissed a petition seeking anticipatory bail under Section 15 of the N.D.P.S. Act. The court denied bail due to the petitioner's previous record of illicit liquor and prior challans under the Excise Act.
Petition for anticipatory bail was dismissed; bail not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-1647 of 2011 (O&M)
Date of Decision: February 16, 2011
Amarjit Singh @ Amra.
…Petitioner
Versus
State of Punjab.
… Respondent
CORAM: HON’BLE MR. JUSTICE ALOK SINGH
Present: Mr. B.S. Kathuria, Advocate, for the petitioner.
Mr. K.D. Sachdeva, Addl. A.G., Punjab, for the respondent-State.
Alok Singh, J. (Oral)
This is a petition seeking anticipatory bail in case FIR No. 77 dated 13.09.2010, under Section 15 of the N.D.P.S. Act, registered at Police Station Bilga, District Jalandhar.
Affidavit of ASI Jagtar Singh is handed over in the Court, which is taken on record.
2
CRM M-1647 of 2011
As per the affidavit, 8 different criminal cases were registered against the petitioner since 1999 and present is the 9th case. As per Annexure R-1 of the affidavit of Investigating Officer, earlier 7 cases, under the Excise Act, were registered against the petitioner.
As per the prosecution story, when police party reached near the bridge minor canal in the area of Village Bilga, they noticed a scooterist coming from the other side; scooterist after noticing the police party tried to turn back his scooter and slipped; Scooterist after leaving the scooter behind started running and he was chased by the police party, the police party identified him as Amarjit Singh @ Amra accused petitioner herein. On checking, two bags containing poppy husk measuring about 52 Kgs. were found tied with the scooter.
Since petitioner has previous record of having illicit liquor and had been challaned by the police 7 times under the Excise Act and this time, petitioner was found carrying 2 bags of poppy husk, I am not inclined to enlarge the petitioner on bail.
Dismissed.
February 16, 2010 vkd
( Alok Singh ) Judge
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case under Section 15 of the N.D.P.S. Act given his previous records of illicit liquor offences.
Whether the petitioner's history of 8 previous criminal cases and prior challans under the Excise Act warrants denial of bail.
1 provisions across 1 enactments
Amarjit Singh @ Amra
State of Punjab
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
